Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedApplication dated 24th May, 2021· [2021] KEELRC 597 (KLR)

Amondi and Co. Advocates v County Government of Kisumu [2021] KEELRC 597 (KLR)

High Court of Kenya (Kisumu)
28 October 2021
1,121 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan High Court confirmed advocates can turn a taxed certificate of costs directly into a court judgment without filing a separate lawsuit, but interest only accrues if service is proved.

What this practically means

#

Executive summary

#
The applicant advocate firm, Amondi & Co. Advocates, moved the court by an application dated 24th May, 2021 under Section 51 of the Advocates Act seeking adoption as judgment and decree of a certificate of costs for Kshs. 214,549.50, taxed on 30th September, 2020, with interest at 14% per annum from 17th July, 2020 (the date the bill was filed) until payment in full. The costs arose from representation of the respondent in Employment and Labour Relations Court Petition No. 248 of 2014 at Kisumu. The respondent opposed the application through grounds of opposition and submissions, contending that there was no decree yet and that interest issues only arise after judgment is entered. The court framed two issues: whether the certificate of taxation should be adopted as judgment and decree, and whether the applicant was entitled to interest. On the first issue, applying Section 51(2) of the Advocates Act and the Lubulellah decision, and finding no dispute as to retainer and no variation or setting aside of the certificate of taxation dated 5th May, 2021, the court adopted the certificate as a judgment and decree of the court. On interest, the court found that under Rule 7 of the Advocates Remuneration Order interest at 14% runs from the 30th day after service of the certificate of costs, but the applicant produced no affidavit of service or evidence of when service was effected. Interest was therefore awarded only from the date of the ruling until payment in full, and the applicant was awarded the costs of the application. The application thus succeeded in part.

Key legal issues

#
01

Adoption of a certificate of taxation as judgment and decree

Holding

The certificate of taxation dated 5th May, 2021 was final and unaltered, there was no dispute as to retainer, and the applicant was entitled to judgment under Section 51(2) of the Advocates Act.

Reasoning

Section 51(2) of the Advocates Act empowers the court to enter judgment in favour of an advocate on taxed costs except where the certificate has been varied or set aside or where there is a dispute as to retainer. The respondent did not deny instructing the applicant, and the certificate of taxation had not been set aside or altered. The court therefore adopted the certificate as judgment and decree.

p. 2
02

Entitlement to interest on taxed costs

Holding

Interest at 14% per annum was awarded only from the date of the ruling, not from the date of filing the bill, because the applicant failed to prove service of the certificate of costs on the respondent.

Reasoning

Rule 7 of the Advocates Remuneration Order provides for interest at 14% per annum payable from the 30th day after the bill of costs was delivered to the respondent. The applicant attached only the certificate of costs and produced no affidavit of service or other evidence of when the certificate was served. Without proof of service, interest could not run from the date of filing; it was awarded from the date of the ruling instead.

p. 2

Legal principles established

#
  • Once a certificate of taxation is issued and has not been varied or set aside, and there is no dispute as to retainer, the court need only enter judgment on the taxed costs; the advocate need not file suit.
  • Interest on taxed costs under Rule 7 of the Advocates Remuneration Order is payable from the 30th day after the bill of costs was delivered, and only upon proof of service of the certificate of costs.

Court orders

#
  1. 1.The Certificate of Costs in respect of the taxation order made on 30th September, 2020 for Kshs. 214,549.50/- is adopted as a judgment and decree of the court.
  2. 2.Interest at 14% per annum on the taxed costs from the date of the ruling until payment in full.
  3. 3.Costs of the application awarded to the applicant.

Authorities

#

Legislation

  • Advocates Act Cap. 16 Laws of KenyaSection 51 (including Section 51(2))
  • Advocates Remuneration OrderRule 7

Cases cited (3)

  • R v Ivyland Park Ltd & City Council of Nairobi
    Nairobi HCC JR 69 of 2012
  • Makhecha & Co. Advocates v Central Bank of Kenya
    Nairobi Milimani Misc. Application No. 296 of 2012
  • Lubulellah & Associates v N.K. Brothers Limited
    (2014) eKLR
Jurisdiction invoked
Section 51 of the Advocates Act Cap. 16 Laws of Kenya

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Amondi and Co. Advocates v County Government of Kisumu [2021] KEELRC 597 (KLR)", Case Analysis (2021). Application dated 24th May, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/597/eng@2021-10-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.